Madras High CourtCRL OP/22627/2015closed

Selvaraj v. State Rep. By

2015-10-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22627 of 2015 SELVARAJ ... PETITIONER Vs 1 STATE REP. BY INSPECTOR GENREAL OF POLICE, PUDUCHERRY.

2 STATE REP. BY INSPECTOR OF POLICE, ORLEANPET POLICE STATION, PUDUCHERRY.

... RESPONDENTS Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to alter the section into 323, 326 & 307 IPC against the accused persons instead of section 294(b), 324 IPC r/w 34 IPC in Crime No.196/2015 dated 19.08.2015 on the file of the 2nd respondent. For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.Thangavel, APP [Pondy]

O R D E R

This petition has been filed to direct the respondent to alter the section into 323, 326 & 307 IPC against the accused persons instead of section 294(b), 324 IPC r/w 34 IPC in Crime No.196 of 2015 dated 19.08.2015 on the file of the 2nd respondent.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. The petitioner is the de facto complainant and on his complaint, a case in Crime No.196 of 2015 has been registered for offences under Section 294[b], 324 r/w 34 IPC. https://hcservices.ecourts.gov.in/hcservices/

4. It is the case of the petitioner that, there are materials to show that an offence under Section 307 IPC has been committed.

5. This Court cannot alter the FIR as prayed for by the petitioner. However, during the course of investigation, if evidence and materials surface that an offence under Section 307 IPC has been committed, the respondent police shall include the said offence in the final report. The respondent is at liberty to file an alteration report also.

With the above observation, this petition is closed. Sd/- Assistant Registrar(II) True Copy Sub Assistant Registrar To 1 THE INSPECTOR GENREAL OF POLICE, PUDUCHERRY.

2 THE INSPECTOR OF POLICE, ORLEANPET POLICE STATION, PUDUCHERRY.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1cc to Mr.W.Camyles gandhi, Advocate Sr.55995 CRL.OP.No.22627 of 2015 lrs[co] srg 3/11/2015 https://hcservices.ecourts.gov.in/hcservices/